(By Delegates Manypenny and Perdue)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary then Finance.]

A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §9-5-22; and amending
and reenacting §9-9-3 of said code, all relating to permitting
the state to opt out of a federal statute that would otherwise
not allow a state resident who has been convicted of a felony
involving a controlled substance from receiving certain
benefits provided by the Social Security Act and the Food
Stamp Act. Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §9-5-22; and to amend
and reenact §9-9-3 of said code, all to read as follows:ARTICLE 5. MISCELLANEOUS PROVISIONS.§9-5-22. Supplemental Nutritional Assistance Program.
_____Pursuant to the authority and option granted by 21 U.S.C.
§862a(d)(1)(A) to the states, West Virginia exempts all individuals
domiciled within the state from the application of 21 U.S.C.
§862a(a).ARTICLE 9. WEST VIRGINIA WORKS ACT.§9-9-3. Definitions.
In addition to the rules for the construction of statutes in
section ten, article two, chapter two of this code and the words
and terms defined in section two, article one of this chapter,
unless a different meaning appears from the context:
(a) "At-risk family" means a group of persons living in the
same household, living below the federally designated poverty
level, lacking the resources to become self-supporting and
consisting of a dependent minor child or children living with a
parent, stepparent or caretaker-relative; an "at-risk family" may
include an unmarried minor parent and his or her dependent child or
children who live in an adult-supervised setting;
(b) "Beneficiary" or "participant" means any parent, work
eligible individuals or caretaker-relative in an at-risk family who
receives cash assistance for himself or herself and family members.
Pursuant to the authority and option granted by 21 U.S.C.
§862a(d)(1)(A) to the states, West Virginia exempts all persons
domiciled within the state from the application of 21 U.S.C.
§862a(a);
(c) "Caretaker-relative" means grandparents or other
nonparental caretakers not included in the assistance group or
receiving cash assistance directly;
(d) "Cash assistance" means temporary assistance for needy
families;
(e) "Challenge" means any fact, circumstance or situation that
prevents a person from becoming self-sufficient or from seeking,
obtaining or maintaining employment of any kind, including physical
or mental disabilities, lack of education, testing, training,
counseling, child care arrangements, transportation, medical
treatment or substance abuse treatment;
(f) "Community or personal development" means activities
designed or intended to eliminate challenges to participation in
self-sufficiency activities. These activities are to provide
community benefit and enhance personal responsibility, including,
but not limited to, classes or counseling for learning life skills
or parenting, dependent care, job readiness, volunteer work,
participation in sheltered workshops or substance abuse treatment;
(g) "Department" means the state Department of Health and
Human Resources;
(h) "Education and training" means hours spent regularly
attending and preparing for classes in any approved course of
schooling or training;
(i) "Family assessments" means evaluation of the following: Work skills, prior work experience, employability, education and
challenges to becoming self-sufficient such as mental health and
physical health issues along with lack of transportation and child
care;
(j) "Income" means money received by any member of an at-risk
family which can be used at the discretion of the household to meet
its basic needs: Provided, That income does not include:
(1) Supplemental security income paid to any member or members
of the at-risk family;
(2) Earnings of minor children;
(3) Payments received from earned income tax credit or tax
refunds;
(4) Earnings deposited in an individual development account
approved by the department;
(5) Any educational grant or scholarship income regardless of
source; or
(6) Any moneys specifically excluded from countable income by
federal law;
(k) "Minor child head of household" means an emancipated minor
under the age of eighteen years;
(l) "Nonrecipient parent" means an adult or adults excluded or
disqualified by federal or state law from receiving cash
assistance;
(m) "Personal responsibility contract" means a written agreement entered into by the department and a beneficiary for
purposes of participation in the West Virginia Works Program;
(n) "Secretary" means the secretary of the state Department of
Health and Human Resources;
(o) "Subsidized employment" means employment with earnings
provided by an employer who receives a subsidy from the department
for the creation and maintenance of the employment position;
(p) "Support services" includes, but is not limited to, the
following services: Child care; Medicaid; transportation
assistance; information and referral; resource development services
which includes assisting families to receive child support and
supplemental security income; family support services which
includes parenting, budgeting and family planning; relocation
assistance; and mentoring services;
(q) "Temporary assistance to needy families" is the federal
program funded under Part A, Title IV of the Social Security Act,
codified at 42 U.S.C. §601, et. seq.;
(r) "Transitional assistance" may include medical assistance,
food stamp assistance, child care and supportive services as
defined by the secretary and as funding permits;
(s) "Two-parent family" means two parents with a common child
residing in the same household and included in a common West
Virginia Works grant payment or, two parents with a common child
residing in the same home and one or both of the parents are "work eligible individuals", as that term is defined in this section, but
are excluded from the West Virginia Works payments unless the
exclusion is due to an exemption as provided in section eight of
this article.
(t) "Unsubsidized employment" means employment with earnings
provided by an employer who does not receive a subsidy from the
department for the creation and maintenance of the employment
position;
(u) "Vocational educational training" means organized
educational programs, not to exceed twelve months for any
individual, that are directly related to the preparation of
individuals for employment in current or emerging occupations
requiring training other than a baccalaureate or advance degree;
(v) "Work" means unsubsidized employment, subsidized
employment, work experience, community or personal development and
education and training;
(w) "Work eligible individual" means an adult or minor child
head-of-household receiving assistance under the West Virginia
Works Program or a nonrecipient parent living with a child
receiving the assistance; and
(x) "Work experience" means a publicly assisted work activity,
including work associated with the refurbishing of publicly
assisted housing, performed in return for program benefits that
provide general skills, training, knowledge and work habits necessary to obtain employment. This activity must be supervised
daily and on an ongoing basis by an employer, work site sponsor or
other responsible party.

NOTE: The purpose of this bill is to permit the state to opt
out of a federal statute that would otherwise not allow an
individual living in the state who has been convicted of a felony
involving a controlled substance from receiving certain benefits
provided by the Social Security Act and the Food Stamp Act.

§9-5-22 is new; therefore, it has been completely underscored.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.